1345.05
Attorney general powers and duties.

(2)
Adopt
as a rule a description of the organization of the attorney general's office,
stating the general courses and methods of operation of the section of the
office of the attorney general, which is to administer Chapter 1345. of the
Revised Code and methods whereby the public may obtain information or make
submissions or requests, including a description of all forms and instructions
used by that office;

(3)
Make
available for public inspection all rules and all other written statements of
policy or interpretations adopted or used by the attorney general in the
discharge of the attorney general's functions, together with all judgments,
including supporting opinions, by courts of this state that determine the
rights of the parties and concerning which appellate remedies have been
exhausted, or lost by the expiration of the time for appeal, determining that
specific acts or practices violate section
1345.02,
1345.03, or
1345.031 of the Revised
Code;

(4)
Inform
consumers and suppliers on a continuing basis of acts or practices that violate
Chapter 1345. of the Revised Code by, among other things, publishing an
informational document describing acts and practices in connection with
residential mortgages that are unfair, deceptive, or unconscionable, and by
making that information available on the attorney general's official web
site;

(5)
Cooperate with state and local officials, officials of other states, and
officials of the federal government in the administration of comparable
statutes;

(6)
Report
annually on or before the thirty-first day of January to the governor and
the general assembly on the operations of the attorney general in respect to
Chapter 1345. of the Revised Code, and on the acts or practices occurring in
this state that violate such chapter. The report shall include a statement of
investigatory and enforcement procedures and policies, of the number of
investigations and enforcement proceedings instituted and of their disposition,
and of other activities of the state and of other persons to promote the
purposes of Chapter 1345. of the Revised Code.

(7)
In
carrying out official duties, the attorney general shall not disclose publicly
the identity of suppliers investigated or the facts developed in investigations
unless these matters have become a matter of public record in enforcement
proceedings, in public hearings conducted pursuant to division (B)(1) of this
section, or the suppliers investigated have consented in writing to public
disclosure.

(2)
Adopt,
amend, and repeal substantive rules defining with reasonable specificity acts
or practices that violate sections
1345.02,
1345.03, and
1345.031 of the Revised Code. In
adopting, amending, or repealing substantive rules defining acts or practices
that violate section
1345.02 of the Revised Code, due
consideration and great weight shall be given to federal trade commission
orders, trade regulation rules and guides, and the federal courts'
interpretations of subsection 45(a)(1) of the "Federal Trade Commission Act,"
38 Stat. 717 (1914), 15
U.S.C.A. 41, as amended.

In adopting,
amending, or repealing such rules concerning a consumer transaction in
connection with a residential mortgage, the attorney general shall consult with
the superintendent of financial institutions and shall give due consideration
to state and federal statutes, regulations, administrative agency
interpretations, and case law.

(C)
In the
conduct of public hearings authorized by this section, the attorney general may
administer oaths, subpoena witnesses, adduce evidence, and require the
production of relevant material. Upon failure of a person without lawful excuse
to obey a subpoena or to produce relevant matter, the attorney general may
apply to a court of common pleas for an order compelling compliance.

(D)
The
attorney general may request that an individual who refuses to testify or to
produce relevant material on the ground that the testimony or matter may
incriminate the individual be ordered by the court to provide the testimony or
matter. With the exception of a prosecution for perjury and an action for
damages under section
1345.07 or
1345.09 of the Revised Code, an
individual who complies with a court order to provide testimony or matter,
after asserting a privilege against self incrimination to which the individual
is entitled by law, shall not be subjected to a criminal proceeding on the
basis of the testimony or matter discovered through that testimony or
matter.

(E)
Any
person may petition the attorney general requesting the adoption, amendment, or
repeal of a rule. The attorney general shall prescribe by rule the form for
such petitions and the procedure for their submission, consideration, and
disposition. Within sixty days of submission of a petition, the attorney
general shall either deny the petition in writing, stating the reasons for the
denial, or initiate rule-making proceedings. There is no right to appeal from
such denial of a petition.

(F)
All
rules shall be adopted subject to Chapter 119. of the Revised Code.

(G)
The
informational document published in accordance with division (A)(4) of this
section shall be made available for distribution to consumers who are applying
for a mortgage loan. An acknowledgement of receipt shall be retained by the
lender, mortgage broker, and loan officer, as applicable, subject to review by
the attorney general and the department of commerce.